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(영문) 창원지방법원 진주지원 2017.09.26 2017고합68
통신비밀보호법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Anyone shall be prohibited from censorship of mail, wiretapping telecommunications, provision of data confirming the confirmation of the fact of communications, or recording or listening to conversations between others that are not open to the public.

Nevertheless, on December 19, 2016, the Defendant: (a) attached a small tape recorder at the bottom of the seat of the Defendant’s husband C in order to verify the appearance of the Defendant’s husband C and recorded the contents of the above C and D currency at the bottom of the seat of the Defendant’s vehicle C; and (b) on January 4, 2017 and the same month.

6.In the same manner, recording the conversations between others that are not open to the public three times in total, such as recording the conversations and the contents of conversations of those persons in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. The application of Acts and subordinate statutes to the complainants, transcript of recording submitted by the complainants, and photographs;

1. Relevant provisions of Article 16 (1) 1 and the main sentence of Article 3 (1) of the Act on the Protection of Communications Secrecy concerning facts constituting an offense (the punishment of imprisonment and the suspension of qualification shall be concurrently imposed);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in a crime of violating the Protection of Communications Secrets Act, which is the largest punishment);

1. Article 53, Article 55 (1) 3, and Article 55 (1) 5 of the Criminal Act (The following favorable circumstances among the grounds for sentencing)

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. The reason for sentencing under Article 59(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) is not set.

1. Scope of punishment by law: Imprisonment for six months to seven years, and suspension of qualifications for one year to three years; and

2. The crime of this case committed by the Defendant with a tape recorder attached to a car operated by her husband C and recorded the conversations between C and D without permission, and the act of recording conversations between the spouse and others not open to the public even if her husband is married, is a crime under the social situation where the guarantee of privacy and freedom is emphasized.

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